Excerpt: ...ase made in May 2020. Plaintiff then sued Defendant for breach of express warranty, breach of implied warranty and fraudulent inducement / concealment. Plaintiff filed a first amended complaint for the same causes of action to which Defendant demurred and sought to strike punitive damages. This Court overruled the demurrer and denied the motion to strike. In August 2020, Plaintiff propounded its “Set One” discovery requests. Defendant alleges...

Excerpt: ...Interfere with Civil Rights‐42 U.S.C. § 1985 2) Deprivation of Civil Rights‐§§ 51 (Unruh Act) and 52.1 3) Harassment (Unruh Act) 4) First Amendment Retaliation‐42 U.S.C. § 1983 5) Assault and Battery 6.) Negligence 7) Fraud 8. Negligent and Intentional Infliction of Emotional Distress 9) Taxpayer Suit under Code of Civ. Proc. § 526a. Here initial complaint contained 12 causes of action for 1) Conspiracy to Interfere with Civil Rights u...

Excerpt: ...Maurice (hereinafter collectively “City.”) Defendants note that the individual defendants were at all times relevant employees of City and acting within the course and scope of their employment. Plaintiff is seeking compensatory damages, punitive damages and injunctive and declaratory relief. The complaint apparently stems from incidents occurring February 2020, August 2020 and December 25, 2021. The complaint states Plaintiff “filed a clai...

Excerpt: ...allegedly misclassified him as an independent contractor in connection with driving services performed from June 2019 to March 2020. As part of this lawsuit, Plaintiff also filed a cause of action under Labor Code section 3706, which permits recovery against an employer for damages from injury when the employer fails to maintain applicable workers compensation coverage. Plaintiff filed a second action against the owner of the Carl's Jr, TWM Indus...

Excerpt: ... (“UMF”) No. 1.) England was originally hired by Defendant General Logistics System's predecessor in 2006 (UMF Nos. 3, 4, 5.) England was, at all times, an at‐will employee. (UMF No. 6.) Co‐Plaintiff David Johnson was, at all relevant times, over the age of 40. (UMF No. 2.) Johnson is England's father‐in‐law (UMF No. 8.) Steve Bergan held the positions of Vice President of Operations and Chief Operating Officer during the relevant per...

Excerpt: ...fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for continued hearing on June 28, 2022. On September 15, 2022, the settlement administrator, Phoenix Settlement Administrators, received a data file of 95,724 potential class members from Defendant's counsel. However, Defendant did not have addresses for 59,287 of the 95,724 settlement class members and the administrator was unable to locate alter...

Excerpt: ...s, the motion to strike is moot based on the ruling on demurrer. Facts This case arises from Charles Hardiman's (“Decedent”) death while a patient/resident at Defendant Sun Villaidence Opco, LLC dba Sequoia Transitional Care's (“Sun”) skilled nursing facility located at 350 North Villa Street (the “Facility.”) Plaintiffs are the heirs and successors in interest to Decedent. Defendant Sun and Defendant Providence Group of California, L...

Excerpt: ... school. Both plaintiffs attended Golden West during the early 1980's. Doe 7024 alleges he was sexually abused by one of his teachers, Michael Cardoza. Plaintiff Jeffry Rivera alleges he was sexually abused by another teacher, Kenneth Walters, and that Michael Cardoza also attempted to sexually abuse him. Cardoza and Rivera are now deceased. Plaintiffs allege causes of action against the District and Does for negligence, negligent supervision, an...

Excerpt: ...allegedly misclassified him as an independent contractor in connection with driving services performed from June 2019 to March 2020. As part of this lawsuit, Plaintiff also filed a cause of action under Labor Code section 3706, which permits recovery against an employer for damages from injury when the employer fails to maintain applicable workers compensation coverage. Plaintiff filed a second action against the owner of the Carl's Jr, TWM Indus...

Excerpt: ...fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for continued hearing on June 28, 2022. On September 15, 2022, the settlement administrator, Phoenix Settlement Administrators, received a data file of 95,724 potential class members from Defendant's counsel. However, Defendant did not have addresses for 59,287 of the 95,724 settlement class members and the administrator was unable to locate alter...

Excerpt: ...s, the motion to strike is moot based on the ruling on demurrer. Facts This case arises from Charles Hardiman's (“Decedent”) death while a patient/resident at Defendant Sun Villaidence Opco, LLC dba Sequoia Transitional Care's (“Sun”) skilled nursing facility located at 350 North Villa Street (the “Facility.”) Plaintiffs are the heirs and successors in interest to Decedent. Defendant Sun and Defendant Providence Group of California, L...

Excerpt: ... school. Both plaintiffs attended Golden West during the early 1980's. Doe 7024 alleges he was sexually abused by one of his teachers, Michael Cardoza. Plaintiff Jeffry Rivera alleges he was sexually abused by another teacher, Kenneth Walters, and that Michael Cardoza also attempted to sexually abuse him. Cardoza and Rivera are now deceased. Plaintiffs allege causes of action against the District and Does for negligence, negligent supervision, an...

Excerpt: ...n unlawful detainer action involving possession of property located at 10246 Avenue 388, Dinuba, California 93618. Plaintiff ECP filed that action on February 2, 2022, naming Defendant Antonio Hauracha. Plaintiff served the summons, complaint, cover sheet, and prejudgment claim of right of possession on Defendant Huaracha and on “All Unknown Occupants in Possession” on February 12, 2022. Defendants and moving parties Graciela Gutierrez, Jose ...

Excerpt: ...d service and mail. The proof of service indicates that “Anna Kostanyan ‐ Agent for process of service” was served at 36400 Highway 190, Springville, CA 93263, “by substitute service” on August 21, 2021 at 7:04 pm with the documents were left with “Hamo T. – Employee/Accepting Service.” On August 23, 2021, the process server mailed the documents addressed as follows to “Springville Ranch 36400 Highway 190, Springville, CA 93263�...

Excerpt: ...f” or “Johnson”) was born in September 1952 and was over 40 years old at all relevant times. (Undisputed Material Fact (“UMF”) No. 1.) Plaintiff was originally hired by Defendant General Logistics System's predecessor in 1999 (UMF Nos. 2, 4.) Johnson was, at all times, an at‐will employee. (UMF No. 5.) Johnson's title was Director of Operations and he reported to the Vice President of Operations for Defendant. (UMF Nos. 6, 7.) Relevan...

Excerpt: ...r final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on June 21, 2022. The court finds and rules as follows: Escalator Clause Issue Defendant objects to Plaintiff's motion for final approval because it seeks a gross settlement amount increased from $900,000 to $1,098,872.35, based upon Section 16 of the January 13, 2022 set...

Excerpt: ...Defendant Terra Bella. Plaintiff alleges causes of action for negligence, intentional tort, premises liability and products liability and seeks punitive damages. The Court previously sustained Defendant's demurrer, with leave to amend, on the basis that California's workers compensation program provides an exclusive remedy to Plaintiff and that Plaintiff has already received his workers compensation benefits. The Court provided leave to amend to ...

Excerpt: ... $1,250 per month, raised to $1,300 in July 2021. The tenancy is not subject to the Tenant Protection Act because it is a single family home under Civil Code section 1946.2(e)(8). Despite the complaint stating the exemption, the complaint also states the tenancy was terminated for at‐fault just cause pursuant to Civil Code section 1946.2(b)(1). Defendant Esperanza Mendoza was served a 3 day notice to pay rent or quit (“Notice”) on May 12, 2...

Excerpt: ...rillwitz (“Defendants.”) Defendants successfully moved to compel this matter to arbitration on February 8, 2022. The Court notes that the arbitration agreement states, as to selection of the arbitrator: “The arbitrator shall be selected by mutual agreement.” Additionally, the agreement is expressly governed by the Federal Arbitration Agreement (“FAA.”) Further, the agreement contains a delegation clause as follows: “EXCEPT AS PROVID...

Excerpt: ...iation of these proceedings on November 24, 2018. Background 1. The trusts Douglas Jr.'s will provided for distribution of his estate upon his death to an irrevocable testamentary trust known as the “Marital Trust of Douglas Cox, Jr.” Douglas Jr. died in 1984, and his estate was administered in probate, which was completed in 1986. The trust was funded on probate of Douglas Jr.'s estate. As relevant here, the order for final distribution prov...

Excerpt: ...for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on June 14, 2022. The court finds and rules as follows: On February 18, 2022, the settlement administrator, Phoenix Settlement Administrators received a mailing list of 81 potential class members from Defendant's counsel with names, contact information, social security ...

Excerpt: ... which are currently removed 3. 1929 Dodge Brother's Doctor's Coupe valued at $2,500.00 (Complaint ¶3) Plaintiff alleges that Defendant's now deceased husband, in or about 2007, made an agreement with Plaintiff wherein he would restore and refurbish Plaintiff's vehicles. (Complaint ¶¶ 6, 7.) Work on the Camaro commenced at this time, while the Dodge was placed in a Seatrain container located at 22824 Road 178, Porterville, California. (Complai...

Excerpt: ...etainer action involving possession of property located at 10246 Avenue 388, Dinuba, California 93618. Plaintiff ECP filed that action on February 2, 2022, naming Defendant Antonio Hauracha. Plaintiff served the summons, complaint, cover sheet, and prejudgment claim of right of possession on Defendant Huaracha and on “All Unknown Occupants in Possession” on February 12, 2022. Defendants and moving parties Graciela Gutierrez, Jose Gutierrez, F...

Excerpt: ...intiff has filed a first amended complaint for negligence, negligent supervision, negligent retention, sexual harassment and violation of the Bane Act. The proposed deponent, Sherry Perry, is alleged to have been responsible for coaching the academic decathlon team, recruiting Stanley and supervising both Stanley and Plaintiff. Ms. Perry has been a resident of Australia for the past five years and is currently a resident of Kensington, Australia....

Excerpt: ...1. Sufficiency of Amount of Settlement (Net Estimated: $457,000.00) The gross settlement amount is $1,200,000.00. The Class Members consist of: “All current and former hourly‐paid, non‐exempt employees of Defendant who worked in the State of California at any time from January 7, 2017 through August 31, 2021.” Plaintiffs estimate approximately 1,250 proposed Class Members with an average payment of approximately $365.60 each. The individu...

Excerpt: ... for breach of contract, wrongful foreclosure regarding both the Douglas Ave. property and Lewis Lane property intentional misrepresentation, breach of covenant of good faith and fair dealing, slander and intentional interference with prospective economic advantage. In support, Defendant sets forth the following undisputed material facts. Arnulfo Gonzalez's first cause of action for breach of contract is based upon the January 27, 2017 Note Secur...

Excerpt: ...for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $1,917.24 to Plaintiff. Defendant Jones now brings this ex parte motion to vacate judgment and stay execution of judgment. In support, Defendant states she was late to the trial date due to road construction and arrived minutes after the judgment was entered. Defendant states defenses including “rent increase. Verbal promise to all...

Excerpt: ...forceable as against Plaintiffs by Defendant Plum. The Court notes that both Plaintiffs' arbitration agreements are expressly governed by the Federal Arbitration Act. Pursuant to the Court's order, Plaintiffs indicate they initiated arbitration in July 2021. Plaintiff Suastegui filed her arbitration demand with AAA and Plaintiff Gillespie filed her arbitration demand with JAMS, pursuant to their respective agreements. While initial fees were paid...

Excerpt: ...el may appear in any manner as to this motion. (1) Facts The lawsuit arises from reroofing work on the City of Dinuba's police station and courthouse, performed by Plaintiff Eagle Fire and Water Restoration, Inc. (“EFW”). On January 13, 2021, Plaintiffs Akop Elechyan, Bella Gasparian, and EFW filed the instant lawsuit, naming the City of Dinuba and Jason Watts (“Watts”) as defendants. Elechyan is EFW's principal, executed EFW's contract w...

Excerpt: ...rmative defenses. It is completely blank other than the caption and signature. Plaintiff now brings this motion for judgment on the pleadings on the basis that the answer fails to state facts sufficient to constitute a defense. Plaintiff's motion states “Since there is nothing in the answer that states any legal defense whatsoever, the answer should be disregarded and judgment should be entered for Plaintiff.” This suggests, to the Court, tha...

Excerpt: ...has sued the County of Tulare, as well as multiple individually named Defendants, including Heriberto Martinez for failure to investigate and provide emergency responsive services. Plaintiff states that Defendant Martinez is the chief liability witness. Plaintiff mutually set the deposition approximately four times without success, including on April 5, 2022, where Defendant failed to appear at the deposition. In opposition, Defendant states he h...

Excerpt: ... U.S.C. § 1985; 2) Deprivation of Civil Rights under 42 U.S.C. § 1983; 3) Deprivation of Civil Rights under State Code §§ 51 (Unruh Act) and 52.1; 4) Taxpayer Suit to Prevent the Illegal Expenditure of Funds (Code of Civ. Proc. 526a; 5) Failure to Take all Reasonable Steps to Prevent Discrimination; 6) Harassment and Hostile Environment; 7) Unlawful Retaliation: Labor Code § 1102.5 (Whistleblower Law); 8) Battery; 9) Assault; 10) Negligence;...

Excerpt: ...on October 25, 2021. The notice is directed at “Antonio Hauracha & to all other residents or occupants.” Plaintiff filed this action on February 2, 2022, naming Defendant Hauracha. Plaintiff served the summons, complaint, cover sheet, and prejudgment claim of right of possession on Defendant Huaracha and on “All Unknown Occupants in Possession” on February 12, 2022 at 12:54 pm by substituted service on Jesus Hauracha “co‐resident,” ...

Excerpt: ...ts appealed from the DLSE judgment to the Tulare Superior Court on February 9, 2018. Defendants, in compliance with Labor Code section 98.2(b), filed an undertaking in cash in the amount of $72,377. Trial was in March 2019. The Court found a lack of an employer/employee relationship, entered judgment on all claims of Plaintiff and ordered the bond released. This Court signed the proposed judgment and proposed order for release of the bond on Apri...

Excerpt: ...Garcia), and Sumruld Garcia, Inc., identified in the complaint as a “family business.” Davis alleges the defendants issued a “bad check” from a Sumruld Garcia business account for sums allegedly agreed to be paid for legal services. Based on this allegation, Davis alleges a first cause of action for breach of contract, a second cause of action on various common counts, a third cause of action for fraud, and a fourth cause of action for ge...

Excerpt: ... retaliation as to the allegations of “insurance fraud, waste of resources recruited pt base, privacy breach, civil rights violations, harassment.” Plaintiff shall have 10 days to amend this cause of action and these specific issues. The Court overrules the demurrer as to the second cause of action for retaliation as to the OSHA issue. This mirrors the Court's first ruling on demurrer. The Court overrules the demurrer as to the third through ...

Excerpt: ...ions of Business and Professions Code section 17200, based on their purchase of a 2022 Honda Civic. On March 28, 2022, Defendants filed a demurrer to the fourth cause of action. Authority and Analysis A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. ...

Excerpt: ...ustee, appointing a successor trustee, dismissing the petition and retaining jurisdiction under Code of Civil Procedure section 664.6 to enforce the terms of the settlement agreement attached to the order. The material terms at issue are found in section 4.1 of the Settlement Agreement. Pursuant thereto, Respondents shall pay Petitioners $750,000.00 in installments as follows: 1) 75% of the net proceeds of the sale of 20650 Agnes Lane, which “s...

Excerpt: ...r coordinating the actions under Code of Civil Procedure section 403 and further “order the cases consolidated for trial pursuant to Section 1048 without any further motion or hearing.” (Code Civ. Proc. § 403.) Facts This matter involves two cases, one whose venue is Tulare and the other Merced. In or around June 2019, Plaintiff Victor Lopez (“Plaintiff”) was hired by Defendant Kulwant Gadri dba Gadri Farms (“Gadri”) as a driver. Pla...

Excerpt: ...are already on file with the court. The Court does grant the leave requested to file the First Amended Complaint and deems it filed as of the date of this hearing. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to May 31, 2022 at 8:30 a.m.in Department 7 of this court. Case management conference is likewise continued to May 31, 2022 at 8:30 a.m. in Depa...

Excerpt: ...ward, LWDA payment and class certification for settlement purposes came on for hearing on April 26, 2022. On September 15, 2022, the settlement administrator, Phoenix Settlement Administrators, received a data file of 95,724 potential class members from Defendant's counsel. However, Defendant did not have addresses for 59,287 of the 95,724 settlement class members and the administrator was unable to locate alternative address information for thos...

Excerpt: ...ffs' ex parte application for writ of possession. Plaintiffs applied for an ex parte writ of possession on November 5, 2021 and obtained an order for writ of possession and the writ of possession on November 9, 2021. On January 25, 2022, Defendant filed a motion for relief from entry of default, which this Court granted. Plaintiffs did not seize the gym equipment pursuant to the issued writ until February 26, 2022. Defendant filed this Motion to ...

Excerpt: ...ndebted to Plaintiff, that within the last four years, that Plaintiff lent Defendant money at Defendant's request and that the amount due is $26,924.80 (Complaint Page 3 CC‐1(a)(1),(2), CC‐1(b)(4),(5),(6), and CC‐4.) Defendant's Answer denies all allegations and sets forth a number of affirmative defenses. Plaintiff now files for summary judgment on its two causes of action. Plaintiff timely filed and served its papers in support of this mo...

Excerpt: ...valuation of Plaintiff Samreen Riaz arising out of her workers compensation claim. The causes of action in the Complaint include: (1) Medical Malpractice (Code Civ. Proc, § 340.5); (2) Unprofessional Conduct (Violation of Business and Professional Code); (3) Professional Negligence; (4) Fraud and Misrepresentation; (5) Civil RICO 18 U.S.C. § 1964; and (6) Vicarious Liability. Plaintiff seeks punitive damages and attorneys' fees. Defendant now d...

Excerpt: ...n accompanying the motion for set two is unsigned and undated. As to set one, on January 14, 2022, Petitioner Angelica Davis timely served Request for Admissions, Set One, Numbers 1 through 13 on Respondent Roy Benavides, Jr, via United States Mail to his home address, 32745 Grand View Street, Visalia, California 93291, which is the address listed on his objection filed in this matter. Responses were due February 18, 2022 as to both sets. Petitio...

Excerpt: ...nd water tank, from interfering by constructing a fence to prevent access to the trees and to remove a chain link fence erected, with the posts to remain. Plaintiff's Verified Complaint seeks to establish, relevant to this Motion, a prescriptive easement and adverse possession claims related to a single row of 60‐year‐old olive trees, a water tank and a well (“Subject Area.”) Plaintiff's declaration indicates she is the current owner of 2...

Excerpt: ...sor Trustee of the Margo M. Tressler Revocable Living Trust, issued a subpoena duces tecum for the appearance of Adult Protective Services (“APS”) social worker Jennifer Rodriguez at the evidentiary hearing and for Ms. Rodriguez to produce APS records at the hearing. Petitioner Tulare County moves ex parte to quash the subpoena on grounds that APS records, as well as the identity of a reporting party, are confidential and remain confidential ...

Excerpt: ... Meyers and notes “Defendant was the previous owner of the subject Property and not a tenant or sub‐tenant” (Complaint ¶5.) While Plaintiff names Does 1 through 10, there are no allegations as to any Doe Defendants as tenants of the Subject Property. Plaintiff, on February 9, 2022, served a written “Three and Ninety Day Notice to Quit” providing three days to quit and deliver possession as former owner and 90 days to a “tenant pursua...

Excerpt: ...number of subcontractors. Cross‐Defendant Hornsby has filed a Motion for good faith settlement under Code of Civil Procedure section 877.6(a)(1). Cross‐Defendant Hornsby performed framing, drywall/sheetrock, concrete foundation and/or concrete flatwork for 67 homes at issue in this case. This settlement was reached during mediation with the special master. This settlement appears to be the fruit of arms‐length negotiations between the Cross...

Excerpt: ... was indebted to Plaintiff, that within the last four years, Plaintiff lent Defendant money at Defendant's request and that the amount due is $10,534.42 (Complaint Page 3(a)(1),(2) and (b)(4)(5).) Defendant's Answer admits all allegations. Plaintiff states that counsel attempted to contact Defendant regarding this Motion in accordance with Code of Civil Procedure section 439(a). “Before filing a motion for judgment on the pleadings pursuant to ...